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Bombay High Court

NILESH PANDITRAO SOMWANSHI AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court ordered a verification of eligibility and directed payment of dues to eligible petitioners, with timelines for payment and issuance of reasoned orders for ineligible petitioners.

Summary

The petitioners sought advanced/additional increments under Government Resolutions dated 14 December 2006 and 31 October 1989, claiming they were entitled to arrears. The Court referred to its earlier decision in Writ Petition No.4150/2026 and ordered a verification exercise to determine each petitioner’s eligibility. Those found eligible are to receive their dues within eight weeks, while ineligible petitioners must receive a reasoned order within three weeks, allowing them to challenge the decision. The Court emphasized that any petitioner entitled under the 2006 resolution but unpaid until the 24 August 2017 resolution is entitled to the full arrears. The writ petition was partly allowed, directing the State to complete verification and payment accordingly.

Issues considered

  • Whether the petitioners are eligible for the advanced/additional increment under the Government Resolutions of 14 December 2006 and 31 October 1989
  • Whether the State must verify eligibility and pay arrears to eligible petitioners
  • Procedural requirements for issuing reasoned orders to petitioners found ineligible

Subjects

  • increment
  • government resolution
  • verification
  • writ petition
  • payment of arrears
  • eligibility
  • public service

Judgment

2026:BHC-AUG:44340-DB


                                                    {1}                       WP-12664-2026

                              IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                         BENCH AT AURANGABAD

                                   66 WRIT PETITION NO. 12664 OF 2026

                              Nilesh Panditrao Somwanshi And Others
                                              VERSUS
                               The State Of Maharashtra And Others
                                                  ...
              Mr. Estling S. Murge, Advocate for the Petitioners
              Ms. Neha Kamble, AGP for the State
              Mr. P.D. Suryawanshi, Advocate for Respondent No. 2 and 3
                                                .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                    ABASAHEB D. SHINDE, JJ.

                                             DATE : 28th SEPTEMBER, 2026
              PER COURT :

              1.         Indisputably, the issue raised in this petition is squarely covered

              by the decision of this Court (Coram : Ravindra V. Ghuge and Abhay J.

              Mantri, JJ.) in Writ Petition No.4150/2026 and connected matter, dated

              02.04.2026.

              2.         For the reasons stated in the said decision, we pass the following

              order :

                   (i)    The Writ Petition is partly allowed. The Respondents/ State
                          is at liberty to verify the cases of the Petitioners as regards
                          their eligibility for the grant of advanced/additional
                          increment in the light of the Government Resolutions
                          dated 14th      December, 2006 and 31st October, 1989.
                          Needless to state, those Petitioners, who are found to be
                          eligible, would be paid their legal dues within eight weeks
                          from today. In the event, some of the Petitioners are found
                          to be ineligible, a reasoned order would be passed
                                    {2}                     WP-12664-2026

            in each case setting out the adverse circumstances and
            such order shall be served upon each of such Petitioners
            within a period of three weeks from the date of the order.



    (ii) We have no hesitation in observing that this Court has
         always directed a verification exercise, if not already
         performed, to be carried out and based on the
         entitlement of the individual Petitioners, payments be
         granted. As such, even in this matter, let the concerned
         Respondents conduct a verification exercise and
         thereafter    make      the     payments     to    those
         candidates/Petitioners, who are found eligible. This
         exercise be completed within eight weeks from today.



    (iii) Needless to state, if any claim of any Petitioners is
          invalidated by the State in so far as their entitlement is
          concerned, a reasoned order in each of such cases be
          passed and the said order be served upon the concerned
          Petitioner within three weeks from the date of it’s
          passing. The Petitioners would then be entitled to
          challenge the said order by availing of a remedy, as is
          permissible in law. Those who are found entitled under
          the Government Resolution dated 14 th December, 2006
          and were never paid till the date of the Government
          Resolution dated 24th        August, 2017, they would be
          entitled for entire arrears.




(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde


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